Renter pays deposit, then decides not to move in, then refuses to take the deposit back.

[Phil Blair]

Ok so several months ago, I took in a deposit from a couple and they gave me a bogus story to as why they couldn't move in, I told them that it was customary for the deposit to be forfeited if you refuse to move in. Well now after them harassing me for several months, I decided to give them their money back. I told them I would pay them on a such date and they refused and said they are taking me to court now. These couple are the worst people I have ever dealt with, on one hand they are saying they want to work with me, then on the other hand, they don't want to work with me. I did tell them that if they took me to court I will fight them every step of the way now, because I feel like they are being totally dishonest with me from the very get go. I AM SO GLAD I DID NOT RENT TO THESE COUPLE. :)

[Marcia Maynard]

Originally posted by @Phil Blair:

Ok so several months ago, I took in a deposit from a couple and they gave me a bogus story to as why they couldn't move in, I told them that it was customary for the deposit to be forfeited if you refuse to move in. ....... I AM SO GLAD I DID NOT RENT TO THESE COUPLE. :)

Sounds like you are talking about a HOLDING DEPOSIT. If so, did you use a holding deposit form? Does the holding deposit form explain the terms for returning / applying / keeping the holding deposit? Did all parties sign the holding deposit form? If not, did you have any other written agreement about the holding deposit, signed by all parties? You would be entitled to keep the holding deposit if the prospective tenant breached a written agreement that allows you to keep such.

On the other hand, if is was all verbal, then put your offer to return the holding deposit in writing, include the check, make a copy for your records, and get proof of mailing.

If you are talking about a SECURITY DEPOSIT and you actually signed a lease agreement and accepted their money, then you did rent to these people. In that case, the terms of the lease agreement would apply.

Take a deep breath and don't let emotions override good decision making.